Fulton v. State of Delaware - Compassionate Release Application Denied

THE SUPERIO R COURT OF THE ST ATE OF DEL AWARE STATE OF DEL AWARE,))) v.) I.D. No. 150 8009967)) GENE L. FULTO N,)) Defendant.) Date Submitte d: February 5, 2026 Date Decided: Febr uary 12, 20 26 ORDER ON DE FENDANT’S APPLIC ATION FOR COM PASSIONATE RELEASE – SUM MARILY DENIE D IT IS SO O RDERED this 12th day of February, 202 6, that Defenda nt’s Application for Compa ssionate Release pursua nt to 11 Del. C. § 4217, be SUMMARIL Y DISMISSED. 1 1. Fulton was sentenced on April 29, 2016, to fifteen years at Level V, with no p robation to follow, pur suant to 11 Del. C. § 4214(b) for Burglary in the Second Degree, 2 and two years at Level V, suspended immediately fo r decreasin g levels of superv ision, for Theft fr om a Senior. 3 1 11 De l. C. § 4217(b)(6). 2 State v. Gene Fulton, 1509009967, Docket Item (here inafter “D.I.”) 17. 3 Id.

1. On Ja nuary 27, 2026, pursuant to 11 Del. C. § 4217, Fulton app lied for modification of his sentence seeking co mpassiona te release. This newly enacte d avenue for sentence modification allows a certain classification of incarcerate d inmates to so m ove the Court under a limited and defined set o f circumstances. 4 This Section perm its summary dism issal of suc h applications when these s trictly defined circumstanc es are not met by the m ovant. 5 3. Summary dismissal, pursuant to 11 Del. C. § 4217(b)(6) is warranted here in that Fulton, while over the age of 60, has not yet served 15 years of his original sentence. 6 Further, Fulton’s application is not based “solely” on rehabilitation; Fulton as serts l egal argument in his re quest for compa ssionate relief. 7 4. The total amount o f Level V incarcera tion to which Fult on was sentenced is fifteen (15) years. As a result, Fulton will be released at the triggering time prescribed by Sect ion 4217 and i t is t herefore legally not possible for him to qualify for the rel ief under thi s area of the la w. 5. Further, Fulton is serving a statutorily mandated term of incarceration at Level V for a Title 11 conviction, Burglary Second Degree, 8 and has not yet served 4 See generally, 11 Del. C. § 4217. 5 11 De l. C. 4217(b)(6) 6 11 De l. C. 4217(a)(3)b. 7 Id. 8 11 De l. C. § 825

all of the statutoril y mandated portion of his sentenc e. This further dis qualifies him from relief under § 4217. 9 6. While Fulton appropriate ly attach ed a copy of the Department of Corrections wri tten statement 10 to his amen ded motion, this s tatement in dicates tha t in the opinion of the Department, Fulton is not eligible for relief under 11 De l. C. § 4217 because he: 1. “Has been a be havior managem ent concern/n on -compliant w ith institutional ru les and responsi bilities.” 2. “Lacks favorab le rehabilitative progress; lack s consistency in demonstrating rehab ilitation throug h institutional c ompliance, program partic ipation, and mai ntaining positive be havior.” 3. “Has not complet ed the require d Level 5 senten ce identified i n 1 1 Del. C. § 4217 and/ or by the Court’ s order regarding s pecial conditio ns or treatment w hile at L V5.” 11 7. Fulton is therefore ineligible for relief under 11 Del. C. § 4217 and his Application is SUMM ARILY DISMISS ED. 8. Finally, and for t he aforementione d reasons, Fulton’s application lacks good cause and invok es 11 Del. C. § 4217(c)(4). Fulton is therefore prohibited from refiling any su bsequent applica tion for three (3) y ears, especia lly given that an y 9 See 11 Del. C. § 4217(a)(5). 10 11 De l. C. § 4217(b)(3). 11 D.I. 47.

future filing w ould be futile. IT IS SO ORDE RED. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The Honorable Danielle J. Bre nnan Cc: Barzilai Axelr od, Esquire, De puty Attorne y General Gene Fulton (SBI: 00160379), Pro Se Heather Hamlet & R obert May, Department of C orrections Original to Cr iminal Prothono tary